Re: Question about the old BSD license and GPL (gtkipmsg)
"none" <email@example.com> writes:
> I am not sure why the BSD advertising clause is unenforceable in the U.S. To
> me it is a contract clause in the BSD like all other clauses
It's obviously not a contract, for the usual reasons. It's a public
license, not a contract.
> If the BSD license is enforceable then all of its clauses are
> enforceable (subject to unconscionability or against public
> policy). If it were otherwise, then the limitation of liability (for
> the benefit of the developer) is also ineffective.
Apparently there are first amendment reasons why that particular
clause in the license is not generally thought to be enforceable in
the US, though I don't know the details of the argument.
The point is moot, however, because it is universally agreed to be
enforceable in the UK, and that's enough to render it incompatible
with the GPL.